In SXSW, LLC v. Federal Insurance Co., No. 22-50933 (5th Cir. Oct. 5, 2023), the Fifth Circuit exercises its authority to remand an appeal to the district court to sort out factually whether there was diversity at the time the complaint was filed. Plaintiff “SXSW planned to hold its annual ‘South by Southwest’ festival inContinue reading “Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit”
Tag Archives: Appellate Jurisdiction
Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit
In Lindell v. United States, No. 22-3510 (8th Cir. Sept. 23, 2023), the Eighth Circuit affirms a district court’s denial of a preliminary injunction to MyPillow, Inc. and its Chief Executive Officer Michael Lindell to return “Lindell’s cell phone that was seized by federal agents on September 13, 2022.” The panel splits, though, on whetherContinue reading “Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit”
Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit
In City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., No. 22-12419 (11th Cir. Sept. 13, 2023), the Eleventh Circuit holds in a matter of first impression that all parties to a case—not just those directly involved in the dismissal—must sign a Fed. R. Civ. P. 41(a)(1)(A)(ii) dismissal motion for it to be effective. Rule 41(a)(1)(A)(ii)Continue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit”
Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit
In Carson v. Mansanto Co., No. 21-10994 (11th Cir. July 10, 2023), the en banc Eleventh Circuit holds that it has appellate jurisdiction to adjudicate a dispute about whether a “federal agency action that otherwise lacks the force of law preempts the requirements of state law,” despite the complication that the defendant paid the plaintiffContinue reading “Settlement Agreement That Paid Plaintiff $100,000 to Take an Appeal Did Not Deprive Court of “Case or Controversy,” Holds Divided, En Banc Elventh Circuit”
Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction
Other federal courts of appeals have had little difficulty concluding that the end of the military’s COVID-19 vaccine mandate – as legislated in the James M. Inhofe National Defense Authorization Act (NDAA) in 2022 –renders moot all pending litigation concerning injunctive relief from the rule. Just yesterday, the Tenth Circuit in Robert v. Austin, No.Continue reading “Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction”
Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below
In Kimberly Regenesis, LLC v. Lee County, No 21-13880 (11th Cir. Apr. 10, 2023) (per curiam), the Eleventh Circuit dismisses the appeal of a county and a country commissioner of an order denying absolute quasi-judicial immunity from sitting for a deposition, holding that the commissioner forfeited the right to appeal by neither opposing the depositionContinue reading “Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below”
Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases
In Rodriguez v. Hirshberg Acceptance Corp., No. 20-2184 (6th Cir. Mar. 14, 2023), the Sixth Circuit – while recognizing the district court’s “tremendous freedom in managing their caseload” – holds that a common procedural method of tabling inactive litigation, the “administrative closure,” has no foundation in the Federal Rules of Civil Procedure and recommends aContinue reading “Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases”
Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order
Declaring a split with the Second Circuit, the Eleventh Circuit in In re Grand Jury Subpoena, FGJ-21-01-MIA, No. 21-13651 (11th Cir Jan. 31, 2023) holds that when a district court holds a party in civil contempt for failing to comply with a subpoena but enters no sanctions, the order is not an appealable final order.Continue reading “Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order”
Once District Court Enters Remand Order Under 28 U.S.C. § 1447(c), It Cannot Revisit That Decision Under Fed. R. Civ. P. 59, Holds Eighth Circuit
In Stone v. J&M Securities, LLC, No. 21-3422 (8th Cir. Dec. 19, 2022), the Eighth Circuit vacates an amended judgment entered in response to a motion for reconsideration under Fed. R. Civ. P 59(e). The panel holds that the order dismissing the plaintiffs’ state-law claims on the merits, though erroneous, could not be corrected post-judgmentContinue reading “Once District Court Enters Remand Order Under 28 U.S.C. § 1447(c), It Cannot Revisit That Decision Under Fed. R. Civ. P. 59, Holds Eighth Circuit”
New Jersey District Court Scores TKO in Epic Fight with Fifth Circuit Over Venue of Gun-Rights Case
In a gun-rights case that’s generated a succession of Fifth Circuit decisions (see blog entries of August 20, 2020, April 2, 2022, and September 19, 2022), the Fifth Circuit finally throws in the towel with a decision holding that it lacks jurisdiction, owing to the failure of a transferee court to return a case toContinue reading “New Jersey District Court Scores TKO in Epic Fight with Fifth Circuit Over Venue of Gun-Rights Case”
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